Articles | Postado no dia: 25 August, 2026
TST Recognizes Validity of Collective Agreement Setting Uninterrupted Rotating Work Shifts.
TST Recognizes Validity of Collective Agreement Setting Uninterrupted Rotating Work Shifts
Since the labor reform, it’s already well established that collective bargaining agreements take precedence over what’s written in the legislation, in other words, what’s negotiated prevails over what’s legislated.
Still, there’s some disagreement over which matters can actually be subject to collective bargaining and how valid those agreements are, which is why cases on this topic still come up before the Labor Courts.
The Superior Labor Court (TST) recently ruled that a collective agreement setting an uninterrupted work shift with rotation among employees is fully valid, even when the shift goes beyond 8 hours a day.
The ruling was based precisely on the labor reform and the principle that negotiated terms take precedence over what’s set out in law, reinforcing that agreements reached with unions should prevail over legal provisions, as long as they don’t violate non-waivable rights.
The TST’s goal here was specifically to reinforce the understanding that collective bargaining agreements function as law between the parties and should actually be enforced, as long as they’re negotiated within the proper parameters.
Authors: Rodrigo Lopes and Mateus Sabino.
